1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ' 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Teaching 8t Administrative Licenses of ) DEFAULT ORDER 6 GENE ALLEN NEWTON ) REVOKING LICENSES 7 ) 8 9 On or about October 9, 1998, the Teacher Standards and Practices Commission received 10 information from the Washington Office of Professional Practices, indicating that Gene Allen 11 Newton had voluntarily surrendered his Washington Teaching Certificate under allegations of 12 an inappropriate sexual relationship with a female student. The Executive Director took 13 action to notify Mr. Newton of intent to revoke his right to reinstate his Oregon Teaching and 14 Administrative license, and to inform himopportunity for hearing. The notice, dated October l5 16, 1998, and signed by David V. Myton, Executive Director, stated: 16 17 "You,Gene Allen Newton , are entitled to a hearing on the proposed action of the _ 18 Commission. If you want a hearing, you must file a written request for a 19 hearing with the Commission within 21 days of the date of this notice.” 20 21 The notice of opportunity for hearing was sent by U.S. Certified Mail, Return Receipt 22 Requested. #P 412 422 542. The noticed was signed by Newton and returned to TSPC. Mr. 23 Newton did not request a hearing. 24 25 FINDINGS OF FACT 26 , 27 l. Gene Allen Newton held a Standard Teaching License valid from January 15, 1993 until . 28 January 4, 1998 and a Basic Administrative License valid from September 6, 1991 until ‘ / 29 January 4, 1994. 30 31 2. On or about April 2, 1998, Gene Allen Newton was asked by Dr. Mark Anderson, 32 Associate Superintendent for Human Resources and Management Services, Spokane 33 Public Schools, to answer questions about an alleged inappropriate sexual relationship 34 with a female student. 35 36 3. Mr. Newton resigned from his teaching position with the district rather than meet with 37 Dr. Anderson and refused to answer any questions about the allegations. 38 39 4. Mr. Newton voluntarily surrendered his Washington Initial Teacher Certificate, 40 endorsed for K-l2 music to Dr. Anderson who in tum returned the Certificate to the 41 Washington Superintendent of Public Instruction. 42 43 5. Mr. Newton did not contest when Washington Superintendent of Public Instruction 44 notified him that surrender of his certificate would be reported to other states. He 45 made no contact with TSPC to explain his actions causing the Washington SPI to notify 46 TSPC of surrender. 47 48 ULTIMATE FINDINGS 0F FACT 49 50 Gene Allen Newton voluntarily surrendered his Washington Teaching Certificate while under 51 investigation by Spokane Public Schools for allegations of an inappropriate sexual relationship 52 with a female student. 53 ' i i.“ 3 PAGE 1-—~DEFAULT ORDER—~GENE ALLEN NEWTON . 1 CONCLUSIONS OF LAW 2 3 Under OAR 584-020-0040, the Commission may find sexual contact with a student to 4 constitute gross neglect of duty and grounds for revocation of rights to reinstate professional 5 licenses under ORS 342.175 through 190. 6 7 ORDER ' 8 9 The Commission revokes Gene Allen Newtons‘ right to reinstate his Oregon Teaching and 10 Administrative Licenses for gross my. 11 1 f 12 Dated this é fi h‘ day of , 1998. 13 14 TEACHER STANDARDS AND PRACTICES COMMISSION 15 16 , 17 l8 By: 19 David V. Myton, xecuti Director 20 21 NOTICE OF APPEAL OR RIGHTS 22 23 YOU ARE ENTITLED TO JUDICIAL REVIEW 0F THIS ORDER. JUDICIAL REVIEW MAY BE 24 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF 25 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO 26 THE OREGON COURT OF APPEALS. 27 ' 28 DVM / cs 29 30 31 CERTIFICATE OF MAILING 32 33 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 34 as such by regular U.S. mail and by U.S. Certified Mail With Return Receipt Requested to: 35 36 Gene Allen Newton 37 2418 W 2nd #B 38 Spok , Washington 99204 39 40 27% (44/ 41 Dated this 0? day 0M, 1998. 42 43 44 . 45 _ 7/7624) 46 harlene A. Smith 47 Secretary to the Commission 48 49 . PAGE 2—-DEFAULT ORDER—GENE ALLEN NEWTON